What is Administrative Driver’s License Suspension in Georgia?
Drivers who are charged with DUI in Georgia often become confused about administrative driver’s license suspension. The process is different from the loss of your driver’s license associated with a criminal conviction.
Drivers may have their license suspended before they even appear in criminal court unless they act fast
Under Georgia law, a DUI suspect is informed of his or her “implied consent” rights immediately after the arrest.
When the police officer takes your license, he or she is signifying that the first step in the administrative license suspension has taken place.
After a Georgia drunk driving arrest, drivers whose blood/alcohol registers above .08 percent or those who refuse a chemical test receive a Georgia Department of Driver Services (DDS) Form 1205. They will also receive Criminal Court summons or a Uniform Traffic Citation for DUI. Drivers are often confused by the twin-track process.
Form 1205 is a 45-day temporary driver’s license. It’s also a notice of the state’s intention to suspend your driver’s license in 45 days if you fail to challenge it at an administrative hearing.
The driver can appeal the suspension by submitting a letter. It’s important to hit the deadlines and to file your letter requesting an Administrative License Suspension Hearing filed within 30 days.
Reasons for Administrative Driver’s License Suspension in Georgia
According to the Georgia Department of Driver Services, there are five grounds for mandatory license suspension. They are:
- Committing Homicide by vehicle.
- Any felony involving the use of a motor vehicle.
- Attempting to elude or escape from police.
- Hit and run or leaving an accident scene
- Operating a motor vehicle with a canceled, revoked, or suspended registration.
Refusing to take a chemical test or a DUI conviction can also lead to the suspension of your license. A limited driver’s permit may be obtained for people to drive to work, a school course, attend a driver education program, or a drug and alcohol program, as well as certain other grounds.
It’s important to fill in the paperwork and to attend the ALS hearing in a timely manner. You should hire a lawyer to represent you. If the officer fails to appear at the ALS hearing, your attorney can make a request to end the license suspension. Even if successful, you will still face criminal charges.
When a police officer shows up, your attorney can often negotiate to keep your driving privileges without holding a hearing. The lawyer and the police officer may enter an agreement to dismiss the license suspension. The parties may also reach an agreement to reduce a potential sentence.
Always act as soon as possible after a DUI arrest or any other arrest that impact your driving privileges. Call the Law Offices of Michael West in Newnan at 414-913-1529.